Municipality of Murrysville, PA
Westmoreland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions or ordinances of the Municipality, the highest standards shall apply.
A. 
In addition to other remedies, the Municipality may initiate and maintain appropriate actions by law or in equity to restrain, correct or abate violations; to prevent unlawful construction; to recover damages; and to prevent illegal occupation of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
B. 
Permits.
(1) 
The Municipality may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee of the owner of record at the time of such violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(c) 
The current owner of record who acquired the property subsequent to the time of violation, without regard as to whether such current owner had actual or constructive knowledge of the violation.
(d) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(2) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Municipality may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
A. 
Any person, partnership or corporation who or which has violated the provisions of this chapter, enacted under Act 170 of 1988[1] or prior enabling laws, shall, upon being found guilty thereof in a civil enforcement proceeding commenced by the Municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the municipal general revenue fund.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per-diem judgment pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this chapter shall be construed or interpreted to grant to any person or entity other than the Municipality the right to commence any action for enforcement pursuant to this section.
Council may, from time to time, amend this chapter in accordance with provisions in the following §§ 201-152 through 201-156.
In the case of amendments other than those prepared by the Planning Commission, Council shall submit the proposed amendment to the Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on the proposed amendment.
The proposed amendment shall be submitted to the Westmoreland County Planning Office for review and recommendations at least 30 days prior to Council's public hearing on the amendment.
Amendments to this chapter shall become effective only after a public hearing conducted by Council which is held pursuant to public notice, as defined herein.
A. 
Proposed amendments shall not be enacted unless public notice, as defined herein, of the proposed enactment is given, including the time and place of the meeting at which passage will be considered and a reference to a place within the Municipality where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
B. 
Council shall publish the proposed amendment once in one newspaper of general circulation in the Municipality not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary prepared by the Municipal Solicitor setting forth all the provisions in reasonable detail. If the full text is not included:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Municipality at the time the public notice is published.
(2) 
An attested copy of the proposed amendment shall be filed in the County Law Library or other County Clerk Office who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(3) 
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, Council shall, at least 10 days prior to enactment, readvertise in one newspaper of general circulation in the Municipality a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
(4) 
Subdivision and land development amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
Within 30 days after adoption, the Director of Community Development shall forward a certified copy of the amendment to the Westmoreland County Planning Department.
Any party aggrieved by the decision of Council regarding a subdivision or land development plan may appeal such decision within 30 days of the date of entry of the decision of Council to the Westmoreland County Court of Common Pleas.
A. 
In addition to other remedies, the Municipality may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
B. 
The Municipality may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter. The authority to deny such a permit or approval shall apply to any of the following applicants:
(1) 
The owner of record at the time of such violation.
(2) 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(4) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C. 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Municipality may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
A. 
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by the Municipality as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Municipality the right to commence any action for enforcement pursuant to this section.
Whenever there is a difference between a minimum standard or dimension specified in this chapter and those contained in another official regulation, resolution or ordinance of the Municipality or any other restriction or covenant, the most restrictive standard shall apply. If a question of conflict arises between various portions of this chapter, the most restrictive term shall apply.
Adoption of this chapter effectively repeals Ordinance No. 70-71 and all subsequent amendments thereto.
This chapter shall become effective immediately upon enactment by Council of the Municipality of Murrysville.